South Africa’s Constitutional Court (ConCourt) on Monday ruled that former State President, Jacob Zuma is not eligible to stand for this month’s elections, reported SABC News.
In 2023, President Cyril Ramaphosa granted Zuma a remission of sentence citing overcrowding in correctional facilities following his 2021 conviction and jailing for contempt of court.
However, in a unanimous judgement delivered by Justice Leona Theron on Monday, the court found that Zuma was neither eligible nor qualified to stand for election.
The Apex court said a remission of sentence does not serve to reduce a sentence, adding that the effect of a remission is to bring forward a convicted person’s date of release.
It ruled that the 15-month sentence it previously imposed on him for contempt bars him from standing for election. Said Theron:
This court finds that Section 47(1)(e) focuses on the length of the sentence imposed and not the length of the sentence served. The section uses the words convicted of an offence and sentenced, the effect of a remission of sentence is to bring forward the person’s date of release.
Remisssion of sentence concerns the execution of the sentence and does not retrospectively alter the sentence imposed by the court. Thus, for purposes of Section 47(1)(e) remission of sentence is irrelevant.
… Mr Zuma was convicted of an offence and sentenced to more than 12 months imprisonment for purposes of section 47(1)(e) and is not eligible to be a member of and not qualified to stand for election to Parliament.
The ConCourt overturned the order of the Electoral Court that found that Zuma’s sentence and conviction were not a sentence and conviction as envisaged in a section of the constitution. The matter was appealed by the Independent Electoral Commission (IEC).
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